Taking Care of HR Businesshttp://www.hrlawupdate.com/home/Labor & Employment Law BlogThu, 07 Dec 2017 21:25:33 +0000en-USSquarespace V5 Site Server v5.13.492-285 (http://www.squarespace.com)Full-Day Conference to Address Labor & Employment Changes from the New AdministrationHuman ResourcesImmigrationMarijuanaOSHAAdministratorThu, 07 Dec 2017 21:07:35 +0000http://www.hrlawupdate.com/home/2017/12/7/full-day-conference-to-address-labor-employment-changes-from-1.html1066935:12321351:36006966The first year of the Trump administration has brought significant changes – many of which directly affect employers. On Thursday, January 25, Verrill Dana will host a full-day Annual Employment Law Update at The Westin Harborview Hotel to explore these changes and how to address them.

]]>http://www.hrlawupdate.com/home/rss-comments-entry-36006966.xmlUpcoming Event: An Employer's Roadmap to Navigate Family & Medical LeaveFMLALeaveLeave PoliciesSeminarAdministratorThu, 12 Oct 2017 16:12:56 +0000http://www.hrlawupdate.com/home/2017/10/12/upcoming-event-an-employers-roadmap-to-navigate-family-medic.html1066935:12321351:35981396Navigating the Family & Medical Leave Act is difficult, there’s no question about that—but with an acute sense of where major pitfalls often hide, you are in a better position to navigate the difficulties that most often accompany sticky FMLA issues. On Wednesday, October 25 from 7:45am to 9:30am, Verrill Dana's Labor & Employment Group will host a complimentary seminar, providing all skill levels with the tools they need to appropriately respond to and track FMLA leave. Panel discussions of real-life scenarios will provide attendees with skills as to navigating intermittent leave requests and unresponsive doctors with an ever-present discussion of what these scenarios would look like in litigation. Speakers include Verrill Dana labor and employment attorneys Doug Currier, Rob Brooks, Tawny Alvarez, and Joanna Bowers. Learn more about the event and register online here. ]]>http://www.hrlawupdate.com/home/rss-comments-entry-35981396.xmlPODCAST – What Can You Say?: The First Amendment in the WorkplaceFirst AmendmentFree SpeechTerminationAdministratorMon, 25 Sep 2017 17:52:34 +0000http://www.hrlawupdate.com/home/2017/9/25/podcast-what-can-you-say-the-first-amendment-in-the-workplac.html1066935:12321351:35973575In the latest episode of Verrill Voices, labor and employment attorneys Tawny Alvarez and Richard Moon discuss free speech in the workplace, and what protections exist for both employers and employees. This discussion comes following the “Google Manifesto” authored by a former Google software engineer and shortly after the incident in Charlottesville. Often asked about freedom of speech in the workplace by clients and colleagues, Tawny and Richard dive into the topic and specifically how the protections apply against the government versus an employer. Whether the speech occurs in or out of the workplace, or is directly related or unrelated to the services or goods the company provides, employers should be aware of what their rights and their employees’ rights might be as they pertain to the First Amendment.

]]>http://www.hrlawupdate.com/home/rss-comments-entry-35973575.xmlPODCAST: Employment Policies in the Trump AdministrationDepartment of JusticeEEOCGender DiscriminationOvertimeSexual Orientation DiscriminationWage and HourpoliciesAdministratorMon, 18 Sep 2017 15:37:52 +0000http://www.hrlawupdate.com/home/2017/9/18/podcast-employment-policies-in-the-trump-administration.html1066935:12321351:35970289In this Verrill Voices podcast, labor and employment attorneys Tawny Alvarez and Richard Moon discuss recent administrative and legislative developments, how they affect employers generally. More specifically, they discuss the current position in which the Department of Justice and the EEOC are taking separate and distinct positions on the issue of whether Title VII covers sexual orientation discrimination, highlighting a Second Circuit case that has brought the issue to the forefront. In addition to sexual orientation and gender discrimination policies, the stalled increase in the overtime exemption wage and President Trump's recent direction on affirmative action policies are also discussed.]]>http://www.hrlawupdate.com/home/rss-comments-entry-35970289.xmlFLSA Exempt Salary Adjustment UpdateAppealDepartment of LaborExemptFLSASalaryTawny AlvarezWed, 06 Sep 2017 13:53:11 +0000http://www.hrlawupdate.com/home/2017/9/6/flsa-exempt-salary-adjustment-update.html1066935:12321351:35964796On Thursday, Judge Amos Mazzant of the Eastern District of Texas issued an order concluding that the Department of Labor’s amendments to the FLSA—increasing the minimum salary threshold from $23,660 annually to $47,476.00 in order to qualify as exempt—were invalid. Specifically, the Memorandum Opinion and Order found the plaintiffs had standing, the issue was ripe for review, and then reviewed each of the plaintiffs’ arguments in support of the position that the amendment was invalid. ]]>http://www.hrlawupdate.com/home/rss-comments-entry-35964796.xmlHealth Plan Nightmares Straight from the Horse’s MouthBenefitsHealth InsuranceHealth PlansMental HealthChristopher LockmanThu, 24 Aug 2017 19:49:43 +0000http://www.hrlawupdate.com/home/2017/8/24/health-plan-nightmares-straight-from-the-horses-mouth.html1066935:12321351:35959677In a cautionary tale that highlights the importance of the claims and appeals process, a federal judge is requiring the AT&T, Inc. health plan to pay more than $117,000 for treatment of one of its employee’s daughters at Equine Journeys, a Utah residential treatment center that combines psychotherapy with horse riding and training. Lynn R., v. ValueOptions, No. 215CV00362RJSPMW, 2017 WL 3610477 (D. Utah Aug. 22, 2017).

The case arose when the AT&T plan, which generally covers care provided at residential treatment facilities, denied a claim for inpatient mental healthcare at Equine Journeys.

]]>http://www.hrlawupdate.com/home/rss-comments-entry-35959677.xmlSpouse’s “Unjustified Jealousy” is Sufficient to Maintain Sex Discrimination ClaimAppealNew YorkSex DiscriminationTawny AlvarezThu, 24 Aug 2017 12:43:10 +0000http://www.hrlawupdate.com/home/2017/8/24/spouses-unjustified-jealousy-is-sufficient-to-maintain-sex-d.html1066935:12321351:35959475Has your attorney ever told you justice is not swift? Well just ask Yogi Dilek Edwards, she would likely have some general thoughts on the speed of justice. Three and a half years ago we posted that a Manhattan yoga instructor had filed a claim of gender discrimination after she was fired from Wall Street Chiropractic and Wellness clinic for being “too cute.” The Plaintiff’s claim initially was dismissed by the trial court with a finding that a termination that is motivated by spousal jealousy does not constitute sex discrimination. Ms. Edwards appealed the decision to the Appellate Division and on Tuesday, the court found that terminations motivated by sexual attraction generally is prohibited and has remanded the case back to the trial court.]]>http://www.hrlawupdate.com/home/rss-comments-entry-35959475.xmlPODCAST: Affinity Groups in the WorkplaceAffinity GroupDiscriminationNLRAWage and HourAdministratorWed, 23 Aug 2017 20:52:35 +0000http://www.hrlawupdate.com/home/2017/8/23/podcast-affinity-groups-in-the-workplace.html1066935:12321351:35959226While affinity groups can be a great marketing tool for employers to attract and retain workers, as well as to foster new ideas, they can also create a great deal of legal liability. For some background, affinity groups are generally formalized groups that share similarities of some sort, whether based on life experiences, social identity, or interests. Some examples include LGBTQ and women in business groups.]]>http://www.hrlawupdate.com/home/rss-comments-entry-35959226.xmlPODCAST – The New Form I-9: A Step-by-Step Guide to Avoiding Common and Costly MistakesForm I-9HiringImmigrationAdministratorTue, 22 Aug 2017 17:56:08 +0000http://www.hrlawupdate.com/home/2017/8/22/podcast-the-new-form-i-9-a-step-by-step-guide-to-avoiding-co.html1066935:12321351:35958534While you may be familiar with Form I-9s (since everyone that has hired an employee since 1986 should have them on file), you may not know that beginning on September 18, 2017, employers will be required to use a new I-9 Form. The changes were announced last month through a new U.S. Citizenship and Immigration Services publication. From small grammar and punctuation changes to an increased number of identification documents accepted in certain sections, many revisions were made.]]>http://www.hrlawupdate.com/home/rss-comments-entry-35958534.xmlMaine Department of Labor Directly Clarifies Its Position on Drug Testing & MarijuanaDepartment of LaborDrug TestingDrugs in the WorkplaceMarijuanaTawny AlvarezWed, 26 Jul 2017 12:49:21 +0000http://www.hrlawupdate.com/home/2017/7/26/maine-department-of-labor-directly-clarifies-its-position-on.html1066935:12321351:35946280

Based off of information received in a Portland Press Herald article, we previously noted that the Maine Department of Labor Director of Policy, Operations and Communications, Julie Rabinowitz, reported to the legislature’s Marijuana Legalization Implementation Committee that businesses with Maine-state drug testing policies should not test job applicants and workers for marijuana, because even if the tests came back positive, employers cannot fire the individual. The Maine Department of Labor issued a press release shortly after the article was posted (and after our initial blog post) noting that this interpretation would only be relevant if the legislature does not change the current language of the statute prior to February 2018 when the law takes affect—at this time, however, employers may permissibly refuse to hire an applicant who tests positive for marijuana.